Politics of revenge by BJP has been exposed with Justice Muralidhar's transfer after he lambasted BJP leaders for inciting the riots.
The bench passed strict orders against Kapil Mishra, Anurag Thakur, Pravesh Verma and ordered the police to take immediate action under the law.
The counsel for the Central Government, Tushar Mehta, made every effort to protect the alleged accused named in the order despite his videos being shown in the High Court stating that this was not the "appropriate time" to take action.
Within hours of the bench's order, the Ministry of Justice and Law passed an order and immediately transferred him to the Punjab and Haryana High Court.
The formal transfer order comes on the same day the judge locks horns with the Centre over the Delhi riots.
The Congress has strongly condemned the transfer of Justice Muralidhar.
According to Congress, The entire nation is astonished by the malicious transfer of the judge.
Congress alleged that PM Modi and Amit Shah will do everything possible to save those who sow seeds of hatred.
The HC said that the hate speeches by BJP leaders were a major reason behind the Delhi violence.
Questioning the government for the transfer, Congress has asked three big questions to PM and Amit Shah:
1. Were you afraid that if your party's leaders would be investigated independently and impartially, then your own collusion would be exposed in Delhi's violence, terror and chaos?
2. How many judges will you transfer to prevent fair and effective justice being ensured?
3. Did you have any way to justify the toxic statements made by the leaders of your own party, so you transferred to the judge who ordered the police to investigate the leaders of your party?
The transfer order of Justice S Muralidhar from the Delhi high court couldn’t have been more curiously timed.
The order was issued right after the judge held three key hearings on the Delhi riots and passed orders that annoyed the Modi government.
Justice Muralidhar pulled up the Delhi police and solicitor general Tushar Mehta for not following Lalita kumari guidelines for registering an FIR when complaints were brought to it about inflammatory speeches made by BJP leaders Kapil Mishra, Anurag Thakur, Parvesh Varma and others.
These guidelines mandate the registering of an FIR if a cognisable offence is disclosed, or else a time-bound enquiry.
Despite a strong protest by Mehta, the judge ordered the police to respond by Thursday on whether they intend to file FIRs or not.
In his final order, he directed the government to ensure displaced riot victims are provided temporary shelter.
Advocate Sanjoy Ghose also pointed out that transfer notices usually give a date – about two weeks from when the notification is issued.
The notice on Justice Muralidhar, however, mentions no date, which suggests his transfer is effective immediately.
BJP has once again undermined the constitution, institutions and the trust of the citizens of this country.
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